DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This office action is in response to the applicant’s filling on 11/18/24. The claims 1-20 are pending.
Examiner’s Notes
The Specification has been reviewed and no known errors were found. However, the lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/17/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Statutory Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 4, 11 and 18 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 4, 11 and 18 of prior U.S. Patent No. 12,192,068. Claim 4 of the instant application incorporate each and every limitations of claim 4 of the ‘068 Patent, and likewise for claims 11 and 18. This is a statutory double patenting rejection.
Instant Applicant
‘ 068 Patent
1. A method, comprising:
receiving, by a manager device from an infrastructure device, seed information including unique information associated with manager device to enable the manager device to determine authorization information;
determining, by the manager device, the authorization information based at least in part on utilizing the unique information;
transmitting, by the manager device to the infrastructure device, a manager request related to an action to be performed regarding the network services, the manager request being signed based at least in part on utilizing a portion of the authorization information; and
performing, by the manager device based at least in part on authorization of the manager request by the infrastructure device, the action regarding the network services.
4. The method of claim 1, further comprising:
receiving, by the manager device from the infrastructure device, an invitation link to enable the manager device to manage network services provided by the infrastructure device,
the invitation link including a static portion and a dynamic portion.
1. A method, comprising:
receiving, by a manager device from an infrastructure device, an invitation link to enable the manager device to manage network services provided by the infrastructure device;
receiving, by the manager device from the infrastructure device based at least in part on the manager device activating the invitation link, seed information including unique information associated with manager device to enable the manager device to determine authorization information;
determining, by the manager device, the authorization information based at least in part on utilizing the unique information;
transmitting, by the manager device to the infrastructure device, a manager request related to an action to be performed regarding the network services, the manager request being signed based at least in part on utilizing a portion of the authorization information; and
performing, by the manager device based at least in part on authorization of the manager request by the infrastructure device, the action regarding the network services.
<- 1st receiving step of the ‘068 Patent’s claim 1 as italicize here and above.
4. The method of claim 1, wherein the invitation link includes a static portion and a dynamic portion.
Nonstatutory Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-3, 5-10, 12-17 and 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,192,068 (U.S. Application No. 18/228,919). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant applicant is anticipated by the Patent. The ‘068 Patent includes each and every limitations of the instant application with additional limitations of receiving an invitation link, which the ‘068 Patent is therefore anticipated by claims of the Patent.
A later patent claim is not patentably distinct from an earlier patent claim if the later claim is obvious over, or anticipated by, the earlier claim. In re Longi, 759 F.2d at 896, 225 USPQ at 651 (affirming a holding of obviousness-type double patenting because the claims at issue were obvious over claims in four prior art patents); In re Berg, 140 F.3d at 1437, 46 USPQ2d at 1233 (Fed. Cir. 1998) (affirming a holding of obviousness-type double patenting where a patent application claim to a genus is anticipated by a 35 patent claim to a species within that genus). “ELI LILLY AND COMPANY v BARR LABORATORIES, INC., United States Court of Appeals for the Federal Circuit, ON PETITION FOR REHEARING EN BANC (DECIDED: May 30, 2001).
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of US Patent 11,757,868 (U.S. Application No. 17/895,844). Although the claims at issue are not identical, they are not patentably distinct from each other because claims of the instant application is made obvious by the ’868 Patent. The ‘868 Patent discloses the invention from the perspective of an infrastructure device transmitting a manager request to the manager device, where the instant application discloses receiving by the infrastructure device a manager request. The two applications contain linking limitations as can be seen below with both application disclosing the invitation link, manager request, active session, and etc. in the same manner. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to alter in an obvious matter of reversing the invention from a receiving end to a transmitting end while keeping everything else similar.
Claims 1-20 are likewise rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of US Patent 11,652,705 (U.S. Application No. 17/894,999) for the same reasons as the ‘868 Patent above.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of US Patent 11,765,169 (U.S. Application No. 17/895,847). Although the claims at issue are not identical, they are not patentably distinct from each other because claims of the instant application is made obvious by the ’868 Patent. Both the ‘868 Patent and the instant application discloses the invention from the perspective of a manager device receiving an invitation link and seed information, however, the instant application discloses additional limitations of the receiving seed information including unique information associated with the manager device. While this limitations was not explicitly disclosed in the Patent, it is made obvious by the Patent that seed information includes unique information was evident in the Patent requiring unique information associated with the manager device in order to “determine authorization information” and later transmitting a manager request with “a portion of the manager request being signed based at least in part on utilizing a first portion of the authorization information”.
Allowable Subject Matter
The claims 1-20 are deemed allowable once the statutory and non-statutory double patenting rejection above has been overcome.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAU LE whose telephone number is (571)270-7217. The examiner can normally be reached M-F 8:00-5:00.
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/CHAU LE/Primary Examiner, Art Unit 2493
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